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Nifong Awards Go To: Greg Damm and Kimberly Frayn

In United States v. Chapman, (opinion here; via Volokh) a unanimous three-judge panel of the Ninth Circuit Court of Appeals, in an opinion joined by ultra-conservative judge Diarmuid F. O'Scannlain, concluded that gross prosecutorial misconduct occurred in a federal trial:

The government egregiously failed to meet its constitutional obligations under Brady and Giglio. It failed to even make inquiry as to conviction records, plea bargains, and other discoverable materials concerning key witnesses until after trial began. It repeatedly misrepresented to the district court that all such documents had been disclosed prior to trial. The government did not admit to the court that it failed to disclose Brady/Giglio material until after many of the key witnesses had testified and been released. Even then, it failed to turn over some 650 documents until the day the district court declared a mistrial and submitted those documents to the court only after the indictment had been dismissed.

The Court of Appeal concluded:

This is prosecutorial misconduct in its highest form; conduct in flagrant disregard of the United States Constitution; and conduct which should be deterred by the strongest sanction available.

However, if you read the opinion, you will never learn who these people who deserve "the strongest sanction" are. 

Fortunately, I will say what judges will not say.  According to official court records (here and here), Greg Damm and Kimberly Frayn were the prosecutors who committed "prosecutorial misconduct in its highest form."

Will the Nevada State Bar take notice of this prosecutorial misconduct?  Will Greg Damm and Kimberly Frayn be punished?

I am personally going to mail a copy of this opinion to the Nevada State Bar association.  I will also be following-up with them.

I will let you know whether the Nevada State Bar takes lawyer misconduct seriously.

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